Allahabad High Court
CRLP/23053/2026 of BASHIR HAZI Vs STATE OF U.P. AND 3 OTHERS on 22 September 2026
JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 23053 of 2026 Court No. - 48 HON'BLE CHANDRA DHARI SINGH, J. HON'BLE TARUN SAXENA, J. 1. The instant writ petition has been filed seeking following main reliefs:- "(i) Issue, an order or direction in the nature of certiorari to
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 23053 of 2026
Court No. - 48
HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE TARUN SAXENA, J.
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1. The instant writ petition has been filed seeking following main reliefs:- "(i) Issue, an order or direction in the nature of certiorari to quash the impugned first information report dated 01.09.2026 in case crime No. 0181 of 2026, under sections 74, 351(3), B.N.S. and section 7/8 POCSO Act, Police Station Narahat, District Lalitpur (Contained as Annexure No. 1 to this writ petition).
(ii) Issue, an order or direction in the nature of mandamus commanding and directing the respondent no.3 not to take any coercive action against the petitioner in first information report 2026 in case crime No. 0181 of 2026, under Sections 74, 351(3), BNS and Section 7/8 POCSO Act, Police Station Narahat, District Lalitpur, during the pendency of the present writ petition."
2. Learned counsel appearing on behalf of petitioner after some length of arguments on merits made an innocuous prayer that before arresting the petitioner police may be directed to follow the principle laid down by Hon'ble Apex Court in the case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273.
3. Per contra, learned A.G.A. appearing on behalf of State vehemently opposed the petition on merits but he has no objection to the innocuous prayer made by learned counsel for the petitioner.
4. Heard learned counsel appearing on behalf of the petitioner, Mr. R.K. Gupta, learned A.G.A. appearing on behalf of the State and perused the record. Versus Counsel for Petitioner(s) : Gyanedra Pratap Singh Counsel for Respondent(s) : G.A. Bashir Hazi .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
5. Taking into consideration the submissions and prayer made by learned counsel for the petitioner and no objection by learned A.G.A. on innocuous prayer made by learned counsel for the petitioner, we are inclined to allow the innocuous prayer made by learned counsel for the petitioner.
6. The writ petition is disposed of with a direction to the authorities concerned to ensure the procedure of arrest as per the guidelines of the Supreme Court enshrined in the case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273 and provision of Section 35(3) of B.N.S.S. September 23, 2026 Saurabh CRLP No. 23053 of 2026 2 (Tarun Saxena,J.) (Chandra Dhari Singh,J.) Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad